LALIT MOHAN Vs. RASHMI BANSAL

JUDGEMENT

(1.) The appeal impugns the judgment and preliminary decree dated 7th January, 2012 (in Civil Suit No.57/2009/2006 of the Court of Additional District Judge (ADJ) Central-07, Tis Hazari Courts, Delhi) of partition of property No.65-66, Ram Nagar, Paharganj, Delhi, declaring the appellant/defendant and the three respondents/plaintiffs to be having 1/4 th share each in the said property.

(2.) NOTICE of the appeal was issued but proceedings with respect to the final decree permitted to continue. The appeal was admitted for hearing on 5th August, 2013 when finding, that the controversy is in a narrow compass, the appeal posted for hearing for today and the Trial Court record requisitioned.

(3.) THE three respondents instituted the suit from which this appeal arises pleading (in the amended plaint), a) that Sh. Rajender Nath Gupta, father of the appellant/defendant and the respondents/plaintiffs was the owner of the said property; b) that he died on 3rd March, 2000, leaving the appellant/defendant as his son and the three respondents/plaintiffs as his daughters and Smt. Kanta Gupta as his widow; c) that the mother of the parties Smt. Kanta Gupta also died on 21 st December, 2000; d) that thus the appellant/defendant and the three respondents/plaintiffs had a 1/4 th share each in the said property; e) that the appellant/defendant has been residing for long at Singapore; f) that the appellant/defendant however claiming to be the sole owner of the said property under the Wills allegedly executed by the parents had agreed to sell the property and in collusion with the purchaser had attempted to forcibly dispossess the respondents/plaintiffs who were in possession of the said property and which attempted was thwarted. The respondents/plaintiffs thus, besides claiming the relief of partition also sought the relief of permanent injunction, restraining the appellant/defendant from selling, alienating or transferring or creating any third party interest in the said property and/or from dispossessing the respondents/plaintiffs therefrom and the relief of declaration that the Wills of the parents relied upon by the appellant / defendant were null and void and the consequential relief of cancellation of the said Wills.